29. Alternative prayer for rescission in suit for specific performance.—A plaintiff instituting a suit for the specific performance of a contract in writing may pray in the alternative that, if the contract cannot be specifically enforced, it may be rescinded and delivered up to be cancelled; and the court, if it refuses to enforce the contract specifically, may direct it to be rescinded and delivered up accordingly.
Section 29 Specific Relief Act: Alternative prayer for rescission in suit for specific performance
Bare Act text
Text of the Specific Relief Act, 1963 (Act No. 47 of 1963), as amended up to the Specific Relief (Amendment) Act, 2018. Source: India Code, Government of India.
In simple words
A plaintiff suing for specific performance of a written contract can pray in the alternative. He can ask that, if the contract cannot be specifically enforced, it be rescinded and delivered up to be cancelled. If the court refuses specific enforcement, it may direct rescission and delivery up accordingly. The prayer is made in the same suit.
Chapter IV: Rescission Of Contracts
- 27 When rescission may be adjudged or refused
- 28 Rescission in certain circumstances of contracts for the sale or lease of immovable property, the specific performance of which has been decreed
- 29 Alternative prayer for rescission in suit for specific performance
- 30 Court may require parties rescinding to do equity